644863-1894-Bill-Validity-of-Sanitary-Board-Bye-laws-re-Plague — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 9TH JUNE, 1894.

Title.

Preamble.

Ratification of Bye-laws.

Duration of Bye-laws.

Protection of persons acting under the

authority of the Sanitary Board, &c.

Bye-Inwa

under sections 32 and 33 of The Public Health Ordɩ- nace, 1887, to have the force of enactments,

Additional penalty for neglect to obey orders of Sanitary

Board, &c.

DRAFT BILL

ENTITLED

An Ordinance to remove doubts as to the validity of certain Bye-laws made by the Sanitary Board and for other purposes.

WH

HEREAS pursuant to the powers conferred by sec- tion 31 of The Public Health Ordinance, 1887, a Proclamation was issued by the Officer Administering the Government bearing date the 10th day of May, 1894, and it was thereby directed that the provisions contained in sections 32 to 37 of the said Ordinance, both inclusive, should be put in force in the Colony for a period of one month from the date of such Proclamation. AND WHEREAS certain Bye-laws were made by the Sanitary Board under the authority of sections 32 and 33 of the said Ordinance on the 11th day of May, 1894, and were on the same day approved by the Officer Administering the Government in Council and published in the Gazette. AND WHEREAS certain further Bye-laws were made by the said Board under the like authority as aforesaid on the 31st day of May, 1894, and were on the same day approved by the Governor in Council and published in the Gazette. AND WHEREAS pursuant to the powers conferred by the said section 31 a further Proclamation was issued by the Governor bearing date the 6th day of June, 1894, renewing the said Proclamation of the 10th day of May, 1894, for a further period of one month from the 9th day of June, 1894. AND WHEREAS doubts have arisen as to the validity of the said Bye-laws or some of thera, and it is expedient to remove such doubts and to increase the powers of the Sauitary Board.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-

1. The said Bye-laws of the 11th day of May, 1894, and of the 31st day of May, 1894, as hereby amended are hereby ratified and confirmed, and shall be deemed to be as valid and effectual as if they had respectively been embodied in Ordinances passed by the Legislative Council and assented to by the Governor of Hongkong on the dates on which they were respectively made by the Sanitury Board.

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The Bye-laws of the 31st May, 1894, are hereby amended by substituting the words "lime-washed," "lime-washing for the words" color-washed " and " color-washing," where- ver they occur in the said Bye-laws, and further by striking out the words "and the expenses of removing the occupants" to the words "on the Colony" in Bye-law No. 6 of the said last mentioned Byc-laws, and by substituting the words Secretary of the Sanitary Board" for the words " Colonial Treasurer" in the same Bye-law.

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2. The said Bye-laws shall, notwithstanding anything contained in the said section 31 of The Public Health Ordinance, 1887, or in the said Proclamation of the 6th day of June, 1894, remain in force until revoked by Procla- mation of the Governor in Council and in so far as such Proclamation shall not extend.

3. No action, suit, or other proceeding civil or criminal shall be commenced, taken, or brought, or if already com- menced continued against the Sanitary Board or any officer or servant thereof or against the Permanent Committee appointed under the said Bye-laws of the 11th day of May, 1894, or against any person whomsoever deputed or employed by the Sanitary Board or the said Permanent Committee for or in respect of any act, matter or thing here- tofore done or executed by them bona fide under or by virtue of the said Bye-laws of the 11th day of May, 1894, and the 31st day of May, 1894, or any of them.

4. All Bye-laws hereafter made by the Sanitary Board under the authority of the said sections 32 and 33 of The Public Health Ordinance, 1887, so long as the said sections remain in operation shall, when approved by the Governor in Council and published in the Guzette, have the same force and effect as if they had been enacted by and formed part of The Public Health Ordinance, 1887.

5. Notwithstanding anything contained in section 32 of The Public Health Ordinance, 1887, any person duly served with a notice by the Sanitary Board or by the said Permanent Committee who neglects within the time limited in and by such notice to remove any insanitary nuisance, to correct or amend any sanitary defect in any building, or to cleanse, lime-wash, or disinfect any building, or part of a

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